Key legal question
Whether the plaintiff proved damage caused by the lawyer's failure to secure payment of the appeal advance and by the lost Luzern appeal.
Extracted holding
The plaintiff had to prove that payment of the advance would likely have led to a better appellate outcome; he did not do so.
Extracted reasoning
The court held that the client bears the burden of proving breach, damage, and causal loss in a mandate liability claim. The factual findings showed the lawyer had warned of the need for further evidence and specific appellate risks, so no protected reliance on success arose.